Effects of Adoption and Section 12 of Hindu Adoption and Maintenance Act, 1956
π Effects of Adoption under Hindu Law
(With Special Focus on Section 12 of HAMA, 1956)
πΉ What is Adoption under HAMA?
Adoption is the legal process by which a person takes another (usually a child) into their family as their own son or daughter, giving the adopted child the same rights and status as a biological child.
βοΈ Section 12 of the Hindu Adoption and Maintenance Act, 1956
Title: Effect of Adoption
π Text of Section 12 (Simplified):
βAn adopted child shall be deemed to be the child of the adoptive parents for all purposes, and from the date of adoption, all ties with the biological family are severed.β
But there are 3 exceptions under the Proviso:
β Key Effects of Section 12:
| Effect | Explanation |
|---|---|
| β Full Legal Status | The adopted child is treated as a natural-born child of the adoptive family. |
| β Severance from Biological Family | Adopted child loses all rights and ties with biological parents and their property. |
| π From Date of Adoption | Rights and obligations arise only after the adoption, not retroactively from birth. |
π Proviso (Exceptions) to Section 12
Despite full legal rights, the Act places 3 exceptions:
| # | Exception | Explanation |
|---|---|---|
| 1οΈβ£ | Vesting of Property | If the adopted child had already vested rights in biological family property before adoption, those rights are not divested. Example: if property was already inherited. |
| 2οΈβ£ | Prohibited Degrees of Marriage | Adoption does not affect rules of marriage β the adopted child cannot marry within prohibited relationships of the adoptive or biological families. |
| 3οΈβ£ | Customary Rights | Adoption does not disturb any customs that restrict rights of adopted children in certain cases, unless contrary to the Act. |
π Legal Consequences of Adoption
| Consequence | Explanation |
|---|---|
| πͺ Parental Relationship | Adopted child becomes legal heir and child of adoptive parents. |
| π‘ Inheritance Rights | Gains full inheritance rights in adoptive family. Loses rights in biological family. |
| π©βπ§βπ¦ Maintenance | Entitled to maintenance from adoptive parents. |
| π Guardianship | Adoptive parents become natural guardians. |
| πΌ No Dual Rights | Cannot claim inheritance from both biological and adoptive families. |
| π©ββ€οΈβπ¨ Marriage Prohibitions Remain | Cannot marry adoptive siblings or within prohibited relationships, even though not blood-related. |
βοΈ Important Case Law
1. Basu v. Surajbhan (1961)
πΉ Held that an adopted child is completely transplanted into the adoptive family and loses all ties with the natural family.
2. Vidyadhar v. Manikrao (1999)
πΉ Confirmed that adopted childβs right to inherit in adoptive family is equal to that of a biological child.
3. Anokha Singh v. Kartar Singh (1965)
πΉ Clarified that rights vested before adoption in natural family property remain valid under the first exception to Section 12.
π§Ύ Example Scenario
Suppose:
A boy, Amit, is adopted by Mr. and Mrs. Sharma.
From the date of adoption, Amit:
Becomes their legal son
Gets inheritance rights in the Sharma family
Loses all property and inheritance claims from his biological family
If Amit had already inherited land from his biological grandfather before adoption, he will retain that land (Exception 1).
π§ Summary Table
| Aspect | Description |
|---|---|
| Full Legal Effect | Adopted child becomes child of adoptive family |
| Loss of Biological Rights | Severs all rights from natural family |
| Marriage Restrictions | Rules of prohibited degrees remain |
| Property Vesting Exception | Pre-adoption vested rights remain valid |
| Maintenance & Guardianship | Adoptive parents become responsible |
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